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�'i0 Tuesday, July 24th. 1928.
<br />Upon the recommendation of City attorney, I. S. Romig, the Board
<br />approved the release of contractors bond executed in favor of J,. A. Barnes by the
<br />Hartford Accident and Indemni ter company.
<br />Upon the recommendation of City Attorney, I. S. Romig, the Board
<br />signed the following agreement wJth the Chicago, ''outh Bend and Northern Indiana. Rail-
<br />way Company regarding the pavement on Miami Street under, Improvement Resolution No.2060;
<br />A'G R E E M E N T.
<br />This agreement,made and entered into this 24th. , day of July, I928•,
<br />by and between the City of South Bend, Indiana, through its Board of Public 'Iorj�s,
<br />and R. R. Smith, Receiver for Chicago, South Bend and Northern Indiana Railway '-ompany,
<br />a corporation duly created, organized and existing under the laws of the State of Indiana,
<br />`1ITNESSETH:
<br />iMVIREAS, under Improvement Resolution No.20609 of said Board of
<br />Public Worts, approved by said Board on May 2nd. , 192 8, said City is about to pave that
<br />portion of Miami Street lying between Lineolnway Fast and Ewing Avenue; all in the said
<br />city of South Bend: And,
<br />i`JHTRMS,the plans and specifications for said improvement contemplate
<br />the wing by said City of said portion of said street from curb to curb, including the
<br />space between the rails and tracks of a single and double track street railway line of said
<br />Railway Company on the portion of said street lying between Indiana Avenue and Bowman
<br />Street, ,as well as the space outside thereof; And,
<br />!HER.EAS, said Rialway Company has Tnrepared plans and specifications
<br />for the reconstruction of its tracks in the said portion of Miami Street.
<br />NOW. THER 7ORE, it is agreed between the parties hereto that, in con
<br />sideration of the construction (including the furnishing of. rraterial and labor.) and the
<br />completion by said City of that portion of said pavement between and within the rails and
<br />tracks of said company and the space one foot in width adjacent to and outside of each
<br />of said track or tracks, according to the plans and specifications now on file with and
<br />adopted by said BOARD OF -PUBLIC 'WORX3, said railway company hereby agrees to nay that
<br />part of the cost of said pavement hereinaf#er specified. But it is expressly agreed be-
<br />tween the parties that saki railway ';omrany shall be, entitled to and shall pay said part
<br />of said cost on the ten year installment plan as provided by law, on the same bas-is as the
<br />-privilege of said installment plan is extended to property owners abutting upon the line'
<br />of said improvement. And said City hereby agrees to take all such steps, and to do all s
<br />such things as may be necessary to be done by it to enable said Railway Company to pay
<br />said nart of said cost in accordance with said installment plan.
<br />IT IS FINALLY AGREED between the parties hereto that that Tart of such
<br />cost so to be maid by said Railway Company shall be the excess of the cost of the
<br />construction of said pavement in the area within and between said rails and one foot in
<br />width adjacent to and outside of each track or tracks over what the cost of the construct-
<br />ion of a pavement within said area would be if there were no street railway track in the
<br />street.
<br />IN-7I`1TTTSS 7JH-,,1RFOF the parties have hereunto signed their names tilt
<br />day and date first above written.
<br />CITY OF SOUTH B STD INDIANA.
<br />BY `J. ? . TITINKLE
<br />JOH"T J. OLEJI,TTCZA`�
<br />RkT;PTT H. �CIISS
<br />Board of Public 'forks, thereof.
<br />R. R. 5'"ITH, as 'TCTIy- R FOR C'-iICAG6 S7T. SOUTH B D � r?ORTHTRN INDIANA
<br />R A ILT7AY C OT r'�APIY,
<br />By Harry R. ?'lair, Attorney for Receiver."
<br />The above agreement entere,: into after said Ra.ilwav Company received
<br />an order from the United States 'Jistrict Court Northern Dis rict of Indiana. Division
<br />of South Bend, Indiana, for the reconstruction Qf tracks on r`iami `street in the City
<br />of South Bend, Indiana. And the -payment of extra cost incident to the pavement of said
<br />portion of said street oeeassioned by the presence of said tracks.
<br />Claims a--ounting to 12,034.63 signed and approved by the Board.
<br />The Board also approved claims_amounting to 433.33 to be paid out
<br />of track elevation fu&d and hereby order tUe City "ontroller to Tay same.
<br />Upon the recommendation of Jm. F. ual.ls, the Board approved the
<br />installation of a 4000 lumen light at the corner of Roberts Street alAd the alley
<br />south of T'ishawa'a Avenue at a cost of 45.00per year. Same ordered. "
<br />"itv --�n.�ineer, 11I. G. 'oJray, filed plans, specifications and estima
<br />and the Board adopted said plans and specifications together with Improvement Hesoluti
<br />No.2127 for the pavement improvement on Angella Avenue from the east line of Harter
<br />Heights Addition to Leeper Avenue. (Insert see files for copy of resolution.)
<br />In the above named improvement Resolution, the Board hereby orders!
<br />that on the I4th. , day of August, 1928, this Board will .meet in their office in the I
<br />City Hall at I0:00 A. II., to hear and receive remonstrances from all persons whose
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